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Edited version of your written advice
Authorisation Number: 1051467731372
Date of advice: 18 December 2018
Ruling
Subject: Section 99A - Commissioner’s discretion
Question
Will the Commissioner exercise his discretion under subsection 99A(2) of the Income Tax Assessment Act 1936 (ITAA 1936) to apply concessional rates of tax as per section 99 of the ITAA 1936?
Answer
Yes.
After consideration of the relevant factors, the Commissioner is of the opinion that it would be unreasonable that section 99A of the ITAA 1936 should apply in relation to the trust estate in relation to the relevant years of income. For further information on the relevant rates of tax can be found by searching QC 49909 on ato.gov.au
This ruling applies for the following periods:
Year ended 30 June 20XX
Year ended 30 June 20XX
The scheme commences on:
1 July 20XX
Relevant facts and circumstances
The deceased died on DDMMYY.
The deceased died intestate and the estate went through a formal court process to obtain a court appointed executor.
The court appointed executor has begun administering the estate.
Administration of the deceased estate is ongoing.
The sole beneficiary of the estate resided in Country A and has since passed away.
No other funds from outside the deceased estate will be brought into the estate or into the trust.
Relevant legislative provisions
Income Tax Assessment Act 1936 section 99
Income Tax Assessment Act 1936 section 99A